Common use of Protection of Trustee Clause in Contracts

Protection of Trustee. Except as provided in Section 9.2, the Trustee: (a) shall be entitled to act and rely on any adjustment calculation of the directors or the Corporation’s Auditors; (b) shall not at any time be under any duty or responsibility to any Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (c) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any shares or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Warrant; (d) shall not be responsible for any failure of the Corporation to issue, transfer or deliver Common Shares or certificates for the same upon the surrender of any Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article; and (e) shall not incur any liability or responsibility whatsoever or be in any way responsible for the consequences of any breach on the part of the Corporation of any of the representations, warranties or covenants herein contained.

Protection of Trustee. Except as provided in Section 9.2, the The Trustee: (a) shall be entitled to act and rely on any adjustment calculation of the directors or the Corporation’s Auditors; (b) shall not at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.14.1 hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (cb) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares Share or of any shares or other securities or property which may at any time be issued or delivered upon the exercise or deemed exercise of the subscription rights attaching to any Special Warrant; (dc) shall not be responsible for any failure of the Corporation Company to make any cash payment or to issue, transfer or deliver Common Shares or certificates for the same upon the surrender or deemed surrender of any Special Warrants for the purpose of the exercise or deemed exercise of such rights or to comply with any of the covenants contained in this ArticleArticle 4; and (ed) shall not incur any liability or responsibility whatsoever whatever or be in any way responsible for the consequences consequence of any breach on the part of the Corporation Company of any of the representations, warranties or covenants herein containedcontained or of any acts of the agents or servants of the Company.

Protection of Trustee. Except as provided in Section 9.28.3 hereof, the Trustee:, unless it has been grossly negligent or acting with wilful misconduct or fraudulently; (a) shall be entitled to act and rely on any adjustment calculation of the directors or the Corporation’s Auditors; (b) shall not at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.14.1 hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (cb) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any shares or other securities or property which may at any time be issued or delivered upon the exercise of the subscription rights attaching to any Special Warrant; (dc) shall not be responsible for any failure of the Corporation to make any cash payment or to issue, transfer or deliver Common Shares or certificates for the same upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this ArticleArticle 4; and (ed) shall not incur any liability or responsibility whatsoever whatever or be in any way responsible for the consequences consequence of any breach on the part of the Corporation of any of the representations, warranties or covenants herein containedcontained or of any acts of the agents or servants of the Corporation.

Protection of Trustee. Except as provided in Section section 9.2, the Trustee: (a) shall be entitled to act and rely on any adjustment calculation of the directors or the Corporation’s Auditors; (b) a. shall not at any time be under any duty or responsibility to any Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1, section 4.2 or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (c) b. shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares Shares, Purchase Warrants or of any shares or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (d) c. shall not be responsible for any failure of the Corporation to issue, transfer or deliver Common Shares and Purchase Warrants or certificates for the same upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this ArticleArticle 4; and (e) d. shall not incur any liability or responsibility whatsoever or be in any way responsible for the consequences of any breach on the part of the Corporation of any of the representations, warranties or covenants herein containedcontained or of any acts of the directors, officers, employees, agents or servants of the Corporation.

Protection of Trustee. Except as provided in Section 9.2, the The Trustee: (a) shall be entitled to act and rely on any adjustment calculation of the directors or the Corporation’s Auditors; (b) shall not at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.14.1 hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (cb) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares Share or Warrant or of any shares or other securities or property which may at any time be issued or delivered upon the exercise or deemed exercise of the subscription rights attaching to any Special Warrant; (dc) shall not be responsible for any failure of the Corporation Company to make any cash payment or to issue, transfer or deliver Common Shares Shares, Warrants or certificates for the same upon the surrender or deemed surrender of any Special Warrants for the purpose of the exercise or deemed exercise of such rights or to comply with any of the covenants contained in this ArticleArticle 4; and (ed) shall not incur any liability or responsibility whatsoever whatever or be in any way responsible for the consequences consequence of any breach on the part of the Corporation Company of any of the representations, warranties or covenants herein containedcontained or of any acts of the agents or servants of the Company.